General terms and conditions of sale
1) Content and subject of General Terms and conditions of Sale
1.1. These General Terms and Conditions of Sale (hereinafter referred to as General Terms and Conditions) regulate the remote Internet sale of Products and/or Services displayed on the site http://www.filoalfa3d.com/ (hereinafter referred to as the “Site”) owned by Ciceri de Mondel srl Unipersonale (hereinafter referred to as the, “Vendor”) to the subject purchasing the goods (hereinafter referred to as the “Buyer or Customer”).
1.2. FILOALFA® is the trading name of “Ciceri de Mondel srl Unipersonale”, Tax Code 00860840156 and VAT No 00860840156, with registered office in Cassinetta di Lugagnano (MI), at Viale Lombardia 16/O-P, telephone number +39 02.94969697.
1.3. Said General Terms and Conditions shall apply to all individual sales, whether it be the first or subsequent supplies of products in favour of the same Buyer according to orders subsequently sent to the Vendor and accepted by the aforesaid.
1.4. By Buyer we mean any natural and/or corporate person acting on the site http://www.filoalfa3d.com/ for purposes related and not to their commercial, entrepreneurial or professional activities.
1.5. The sales agreement only includes the material ordered and supplied.
2.1. All purchase contracts stipulated through the site by Users are regulated by the following sources:
- General Terms and Conditions of Sale;
- Consumer code (Legislative Decree 206/2005), section II of remote Agreements (articles 50 – 70);
- Regulations governing e-commerce (Legislative Decree 70/2003);
- Implementation of directive 2011/83/EU on consumer rights.
3) Acceptance of the General Terms and Conditions of Sale
3.1. In stipulating the individual Purchase Agreements, the Customer accepts and undertakes to observe these General Terms and Conditions.
Therefore, Customers are invited to read these General Terms and Conditions carefully before carrying out any purchase operation and, once said phase is concluded, print and file said document.
3.2. Ciceri de Mondel s.r.l. Unipersonale reserves the right to modify and integrate the contents hereof at any time and without prior notice and, in this case, these General Terms and Conditions shall be published on the same site http://www.filoalfa3d.com/.
3.3. It is understood that the General Terms and Conditions published on the Site when the Customer sends the purchase order shall be applied to the purchase agreement unless any changes to said policies and terms are requested by the applicable law or competent authorities. Any provision hereof deemed invalid, null and void or, for whatever reason, non-applicable, shall not prejudice the validity and efficacy of the other provisions hereof.
4) Orders and confirmation of orders - Purchase procedure
4.1. Customers may view the Products present in the electronic catalogue and their features as illustrated in their respective detailed technical information sheets stored on Site before continuing with the purchase.
4.2. The publication of Products is intended as a contractual purchase proposal and, therefore, Customer orders sent to the Vendor imply full awareness and acceptance of these General Terms and Conditions.
4.3. Customers wishing to purchase one or more products displayed on site, may select them, one at a time, adding them to their cart. Once this preliminary phase is complete, it is possible to close the cart and send the order. A page summarising the selected products, their price and delivery options (with the relative costs) will follow. Customers will be asked to select the preferred solution for delivery, transport and payment method.
4.4. Once orders are correctly received, the Vendor shall send appropriate confirmation indicating also the reference “Order Number” for any further communications with FILOALFA® to the e-mail address communicated by the Customer.
4.5. Confirmation of orders shall not only contain legal information but also Customer data. Customers undertake to make sure orders are correct and communicate any errors within 14 days of receipt. Additional expenses resulting from possible Customer errors shall not be debited to the Vendor and, therefore, shall be at the Customer’s sole expense.
4.6. Sales agreements with Ciceri de Mondel srl Unipersonale shall only be concluded once a separate purchase proposal acceptance e-mail is sent. Said e-mail shall also contain product shipment related information including therein the expected shipment date.
4.7. Customers declare they are aware of the fact that, even if they do not return the confirmation of order, all goods supplied by the Vendor are however regulated and subject to the contents of these General Terms and Conditions.
4.8. Customers can view all orders on site, in their own personal area. As soon as orders have been completed and sent, they may be cancelled at no cost until forwarded to the warehouse for preparation. However, notwithstanding the right to withdraw in accordance with the terms and conditions set out in art. 9 hereunder.
5) Refusing Orders
5.1. The Vendor has the right to accept or not, at its discretion, the order sent by the Customer, without the latter having the right to make claims or seek compensation for whatever reason.
5.2. In particular, FILOALFA® reserves the right not to accept purchase proposals and cancel orders that do not provide sufficient proof of solvency or there are anomalies in the transactions or payment methods used by the customer.
6) Product prices and availability
6.1. All prices are indicated on the Site and include VAT applicable in accordance with the law.
6.2. Sales prices do not include shipment costs that, instead, will be estimated at the time of order and, however, are quantifiable using the window in the “Shipment” section.
6.3. All information relating to the availability of products shall be displayed during the purchase order phase.
6.4. In any case, Filo Alfa shall promptly inform the Buyer if certain products are unavailable once it has received the order and before the Buyer has made the relative payment.
7) Delivery and Shipment costs
7.1. Goods shall be shipped within three working days of receiving payment, either via BACS payment to the bank details indicated by the Vendor or electronic payment (as better detailed in the section "Payment Methods").
7.2. The cost of each shipment shall be calculated on receiving the purchase order and, however, before completing the sale.
7.3. Shipment costs may vary depending on the delivery and payment methods selected, as well as the destination and total amount of the order.
7.4. Shipment costs include packaging costs.
7.5. It is understood that any taxes and duties on products ordered from Filo Alfa delivered to countries subject to customs duties shall remain at the expense of the Buyer that shall pay them independently.
7.6. Deliveries to foreign countries may be subject to customs checks.
7.7. Filo Alfa shall send products ordered to the postal address specified by the Buyer according to those times estimated on confirmation of the order and, however, within 30 days of stipulating the purchase agreement. Otherwise, the Buyer may remind the Vendor and, in the event of further delays, terminate the contract, notwithstanding the right to be reimbursed those costs already sustained for the selected purchase.
7.8. Product terms of delivery are only indicative and do not bind the Vendor in any way, as explicitly agreed with the clause "barring unforeseen circumstances".
7.9. Terms are calculated in working days as of the date of concluding the individual sale; any changes or additions to the order shall result in a new date from which said term shall run.
7.10. The Vendor does not assume the risk of any damages caused to goods during transport to the Buyer and is neither responsible for late deliveries nor direct or indirect damages resulting from delays save cases of gross negligence or malice attributable to the aforesaid.
Any responsibility is excluded for delays in the supply due to:
a) The Buyer failing to observe, in whole or in part, the terms of payment, availing of that set out in article 1461 of the Civil Code;
b) Circumstances beyond its control or unforeseeable circumstances;
c) Vendor auxiliary or sub-supplier failure or delays in delivering materials.
8) Checking goods and returns
8.1. The Buyer shall check all materials that are the subject of the supply as soon as available, making sure the quantities and quality correspond to those ordered.
8.2. The Buyer shall report any complaints to the Vendor within 14 (fourteen) days of receipt penalty expiration. All goods returned, in whole or in part, with the Vendor’s authorisation shall be in the same conditions as supplied, free from any damage, signs of wear or tampering or any other condition not present on delivery. All goods shall be returned promptly and at the Buyer’s sole expense.
9) Right to withdraw
9.1. The Buyers has the right to withdraw from the purchase agreement within 14 (fourteen) days of receiving the goods ordered returning said goods within said term.
9.2. FILOALFA® shall make sure the goods returned comply with those originally delivered once returned, not reimbursing the Buyer any payments made should it find any faults such to irremediably compromise product use. Conversely, FILOALFA® shall refund all payments received from the Buyer, including delivery costs, without undue delay and however within 14 days of being informed of the Buyer’s decision.
9.3. Payments shall be refunded with the same methods used by the Buyer for the initial transaction unless the latter has agreed otherwise and provided that they do not have to incur any costs as a result of the refund.
10.1. Products offered on the Site are in accordance with the national and community legislation in force in Italy.
10.2. The Buyer shall return any faulty Products or those found not to be in compliance with the description published on the Site, having the right to a full refund or replacement.
11) Reference address for any complaints
11.1. All complaint letters shall be sent to the following address:
Ciceri de Mondel S.r.l. Unipersonale
Viale Lombardia 16/P
20081 Cassinetta di Lugagnano (MI)
11.2. The Buyer may send any complaints to the vendor in the format provided for and herewith enclosed.
12) Limited liability
12.1. The parties explicitly agree that the Vendor shall not be liable for any defects caused or anomalies/faults noted should the Products be used by the Buyer or a Customer thereof without carrying out the necessary checks (as indicated in art. 8 hereinabove) or raising any objections or highlighting any anomalies as regards their functionality. Moreover, the Vendor shall not be liable for any direct or indirect damages (including by way of example damage to the company’s image, commercial damages, lost sales etc.) suffered by the Buyer or its end customers.
12.2. The buyer undertakes to use the products in accordance with the regulations in force and user instructions, if provided. The Vendor refuses any responsibility for use, leading to injuries to persons or damage to property, resulting from improper use or installation and, however, out of the norm. However, customers are responsible for making sure instruments are suitable for their needs.
13) Catalogues and internet sites
The buyer is aware of the fact that all information contained in Vendor catalogues, brochures, articles, technical bulletins and internet sites indicating weights, measurements and in general all technical information relating to the Products should be considered indicative and not binding for the Vendor. Tolerances are deemed more in line with that declared but cannot be contested if not specifically indicated.
14) Industrial and intellectual property rights
The Buyers is aware of the fact that they do not acquire the right, as a result of the supply, to use, not even in part, the Vendor’s trademarks or patents, remaining the latter’s sole property. The same stands for any information relating to the industrial and intellectual property rights of Product related technologies and manufacturing, development, engineering and quality control processes.
15) Confidentiality and privacy
The Buyer undertakes to keep all data and information it may acquire as a result of the supply strictly confidential. Moreover, the Buyer consents to the Vendor processing, communicating and divulging the company data provided, declaring it is fully aware of the contents and purpose of said data processing as set out in art.10 Legislative Decree 196/2003, as well as those rights granted in accordance with art.7 of the hereinabove Data Protection regulations.
16.1. No products shall be sold to minors.
17) Applicable Regulations and competent Court
17.1. These General Terms and Conditions of Sale and any resulting documents are regulated solely by Italian law; refer to that set out in the regulations in force for that not provided for herein.
17.2. Any dispute relating to the conclusion, validity, interpretation, enforcement and termination of the supply and contractual relationships resulting therefrom shall be submitted to the Court of Milan, the parties wishing, with this, to exclude the jurisdiction of any other rival court.
18) Data Processing
18.1. All personal data provided or collected with those operations carried out by the Buyer shall be subject to the provisions and regulations in force governing privacy in accordance with Legislative Decree no. 196/2003 and any subsequent amendments and additions.
18.2. In any case, the data collected with the sales order shall only be processed to manage said order and guarantee greater efficiency in delivering the products requested. In the same way, personal data shall be processed to process payments, maintain communications with the Buyer and manage the account.
18.3. No data relating to possible buyers shall be sold or transferred to third parties.